The brief
reference made in naavi.org on the "Sexual Harassment of Women at Work Place
(Prevention) Bill 2003 (SHWWPP Bill) has evoked some interesting responses.
Ms Revathy Balaji,
an advocate from Chennai has shared her views on the subject which is
reproduced here for general information.
Your views on the bill on work place harassment of
women were thought provoking.As a lawyer, I know that it is extremely
difficult to know whether such a alleged harassment actually took place or
the woman was just being vindictive to her colleague with whom she does
not happen to see eye to eye.The proposed bill if enacted would be like
dowry harassment legislation, which even though started with good
intentions is being misused for vengenance by some women and their
families.
I had a recent experience of giving consultation to a lady,who wanted to
take her company and a colleague who allegedly harassed her by passing
verbal sexual comment,to court.After reading her complaints and from what
she told me, I was able to come to the conclusion that she had a certain
mental disorder, as some of the allegations she made were absurd and could
not have happened at all. I told her categorically that it was not
possible for me to help her, as I could not tell her about her mental
condition.But any clever lawyer probably could make a case out of her
story and in the process totally destroy someone's career.
Notwithstanding all this, I believe a woman has the
right to work with dignity and in a safe work atmosphere, so the workplace
harassment bill is necessary.But in order that vindictive women don't go
around accusing their male colleagues have a few suggestions to make.
1.A clear agreement. with the employees saying that
if there is any work place harassment, they should first undergo a
departmental enquiry to find out the merits of the case and the harassed
women employee should give a notice before proceeding with other avenues
like going to the police.
2.There should be a clear time limit for the company
to look in to the issues and solve them.
3.Clearly, HR managers are not capable of taking
care of this issue of workplace harassment and the company should engage a
legal counsel to collect all evidence from the beginning.
4.Any harassment does not escalate into a big issue
overnight,.It has to happen gradually before anyone gives a complaint. So,
the workplace rules should be very clear and if possible paste the rules
in a prominent place.
5.If a woman genuinely feels uncomfortable, her
problems should not be trivialized by saying that the person who harassed
her acted only in a joking manner etc.Any problem should be dealt with in
a ultra confident, unbiased manner sensitively.
6.As said earlier the collection of evidence is of
primary importance and none of the trivial things should be left out and I
believe this can be the work of the legal professionals, instead of
waiting to consult them after being sued in court.
7.There should be a very clear laying down of
procedures that will be followed in case there is a departmental enquiry
and these procedures to be brought to the notice of the employees in a
transparent manner from the time they start working..After all they
should know where to go in case of a genuine complaint.
8.As far as possible only persons not closely
related or friendly with both the alleged harrasser and the harassed
should conduct the inquiry with a lawyer on board.
9.I feel just like a physical test to be undergone
before employment, a pyschological evaluation of the employees may be in
order, though I am not sure how far it is viable.
I feel that if proper measures are not taken soon,
it will become suing and counter suing with a damage to the reputation of
the company.Prevention is certainly better than cure.
Thanks,
